The Influnce Of Victim's Special Constitution On The Tort Liability

The fundamental task of the Tort Liability Law is to coordinate the conflict between rights protection and freedom of conduct.In order to guarantee the realization of this purpose,there are restrictions on the causation of responsibility and the system of comparative negligence.The controversial issue under the design of the system is that whether the tortfeasor' s liability for damages can be mitigated if the damages are caused or aggravated by the combined effect of the victim',s special constitution and the infringement..In the legislation,the Tort Liability Law and related legislation are not clear about this;in judicial practice,even after five years of publication of the Guiding Case No.24,the referee involved in the issue still has the legally applicable ideas,judgment reasons,and judgment results.There are differences.This paper aims to locate its internal contradictions through the traceability of the problems in comparative law,and on the basis of value measurement,selects the key elements and establishes a dynamic system for refereeing the special physique issues of victims.This paper includes six parts:Part ?:the introduction.This part raises questions,clarifies the purpose of the research,and demonstrates the practical and theoretical value of the thesis by introducing the status quo of the referee and the existing research.Part ?:This part summaries point of views in judicial practice.This part takes the release of Guide Case No.24 as the boundary,and analyzes the different trends of judicial judgments on the referee's results,legal application and legal arguments at different stages,and reveals the typical problems that exist widely in judicial practice.Part ?:the problem location of the victim's special physical problems.Through the traceability of the special physique problems and causality theory of the victims in the Anglo-American legal system and the civil law system,this part deduces the fundamental contradiction of the victim's special physique problem under the tort liability system,that is,the idea of accepting the victim's status quo and The perpetrators cannot foresee the contradiction between the status quo and explore the similarities and differences between them through the analysis of the respective solutions of different legal systems..Part IV is to measure the value of the victim's special constitution problems.This part is based on the protection of personal rights and interests,fairness and morality,economic rationality,to clarify the implications of the victim's special constitutional problems.Part V proposes an plan that meets the actual needs of our country.On the basis of the above analysis,the principle of protecting the victim should be put forward,and giving the judge flexible discretion space.The dynamic system theory is used in order to avoid the rigidity brought by the legal concept,the of the legal concept to the greatest extent and the referee is required to consider the given elements.Part VI:the conclusion.This part is a brief summary of the research in this paper,in order to play a reference value for the unified judicial practice.